BORHYA KISKU Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is a Jail appeal. Shri Bhavesh Kumar, a practicing advocate of this Court was appointed Amicus Curie. When this appeal is called out for hearing, nobody appeared either on behalf of the appellant or for the State. We have, thus, ourselves closely perused the records and scrutinised the evidences to decide this appeal.

(2.) The appellant No. 1, Borhya Kisku is the husband of the appellant No. 2, Lukhi Murmu. They have been convicted for the offence under Sections 302/34 of the Indian Penal Code and have been sentenced to undergo life imprisonment.

(3.) The basis of the prosecution is the fardbeyan of PW 4-Bale Soren-the uncle of the appellant No. 1, Borhya Kisku. The prosecution version, in brief, is that on 16.6.1994 at about 6 p.m. the informant saw the accused/appellant chasing the deceased Chhotka Kisku (father of the appellant No. 1). They caught hold of him in front of the informant's house and both of them started assaulting the deceased with slaps and fists. The informant tried to intervene, but, the appellant No. 1 allegedly gave 4-5 slaps to him also. The accused/ appellants, thereafter, dragged the deceased Chhotka Kisku, who became unconscious. The appellants thereafter, tried to burn the body of the deceased and for that purpose were collecting firewood, but the informant raised alarm, whereupon some villagers assembled and intervened. The victim was brought to his house in unconscious state. Preparation was being made to take him for medical treatment, but, in the meantime he died.